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Terms And Conditions

General Terms & Conditions

OVERVIEW

This website is operated by Holistic Habitat, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Holistic Habitat, LLC. Holistic Habitat, LLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.



By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.



Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.



Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/ or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.



Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.



SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.



SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.



SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.



SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.



SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.



SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.



You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.



SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.



SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.



SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.



SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.



SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.



SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.



SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Holistic Habitat LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.



SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Holistic Habitat, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.



SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.



SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).



SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.



SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Charlotte, NC 28270.



SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.



SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customerservice@holistichabitatclt.com

 

ART PRINT Terms and Conditions

OVERVIEW

This website is operated by Holistic Habitat, LLC a North Carolina limited liability company doing business as Holistic Habitat (“Holistic Habitat”).  Throughout the site, the terms “we”, “us” and “our” refer to Holistic Habitat.  These Terms of Use (the “Terms”) describe the terms and conditions that apply to your use of this and other Holistic Habitat websites, mobile applications, and social media channels, as well as the purchase of Holistic Habitat’s physical print products (the “Physical Prints”) and digital print downloads (the “Digital Prints” and, together with the Physical Prints, the “Prints”) and related services (collectively, the “Services”).  Holistic Habitat’s offer of its Prints on this site is made available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  By accessing, using, or interacting with the Services in any way, whether as a browser, vendor, customer, merchant, and/or contributor of content, you agree to be bound by these Terms.  

If you do not agree to all the terms and conditions of this agreement, then you may not purchase any Print or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.  Any new features or tools which are added to the current store shall also be subject to the Terms.  You can review the most current version of the Terms at any time on this page.  We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our site.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.

We recommend you review these Terms each time you purchase a Print or use the Services and that you print a copy of these Terms for your future reference.

Our store is hosted on Shopify Inc. (“Shopify”).  They provide us with an online e-commerce platform that allows us to sell our Print products to you.

SECTION 1 – REPRESENTATIONS REGARDING YOUR USE OF THE SERVICES

By placing an order for Prints through our site, you represent that: (i) you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site; (ii) you are legally capable of entering into binding contracts; (iii) you will not copy, distribute or share the Prints other than as allowed under these Terms; and (iv) you will not use our products for any illegal or unauthorized purpose or, in the use of these Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

SECTION 2 – PERSONAL INFORMATION

You do need to register with our site or with Shopify to place an order for a Print; however, you will be required to provide certain information including certain personal and payment/billing details so that we can process your order.  You agree that we may store, process, and use personal data collected from you solely for the purposes of processing/fulfilling your order.  We work with third parties that help us provide the Prints to you, including electronic fulfillment, credit card payment, and collection companies, and they will also have access to your personal data to the extent necessary to help us process/fulfill your order.  For further information about how we may store, process, and use your personal data, please refer to our Privacy Policy, which can be accessed at: https://juniperprintshop.com/pages/privacy-policy.

You agree to provide us with truthful, complete, and accurate details.  You further agree to provide us with your details only.  You should keep any Shopify account details (including any password) safe and should not share or disclose them to anyone.  Please notify us immediately if you suspect your Shopify account details have been compromised.  You are responsible for all orders placed/activity undertaken using your Shopify account details.

SECTION 3 – LICENSE TO USE THE PRINTS 

All Prints available through the site are owned or controlled by us and are protected by intellectual property rights.

Any use of Prints purchased through the site is subject to these Terms and Conditions of Sale.  Upon payment of the price for any Digital Print, we grant you a non-exclusive, non-transferable license to use the Digital Print consistent with these terms.

You agree that you will use Digital Prints for private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sublicense or transfer any Digital Prints to anyone else.  Nothing in these Terms grants to you any rights other than those expressly set out herein.  These Terms do not grant to you any rights in relation to the synchronization, public display, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Print.

We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these Terms and to prevent your unauthorized use of this site and/or our Prints.

Digital Prints are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied.  You must adhere to any and all usage restrictions that apply to the Digital Prints as set out in these Terms. 

Under the terms of your license to use the Digital Print, you may create physical printed copies of the same Digital Print up to five (5) times over a one (1) year period. Should you wish to exceed this limit, please email hello@juniperprintshop.com and we will be able to assist you further.

To prevent unauthorized use, Digital Prints may carry a digital watermark or other security technology that will not appear on physical copies of the Digital Prints but which would allow us to identify the origin of the Digital Print and track any subsequent unauthorized transfer.  You agree to not attempt to remove any such watermark or circumvent such security technology in any way.

SECTION 4 – REQUIREMENTS TO ACCESS THE DIGITAL PRINT SERVICES

 In order to access and download Digital Prints you will need:

  • Internet access; and
  • A personal desktop computer or mobile device capable of opening the Digital Prints, which will be delivered as JPEG files.

You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost.  You are also responsible for ensuring that any hardware you use to download and/or access Digital Prints functions correctly with this site.

You acknowledge that due to industry/technology developments, the nature of the Digital Prints offered (including the format of files, operating systems, downloading software, etc.) and the system requirements may change from time to time.  We will use commercially reasonable efforts to update our site with information relating to system requirements.

SECTION 5 – AVAILABILITY AND DELIVERY OF PRINTS

All Prints featured on our site are subject to availability.  We reserve the right to change or remove a Print or other content on the site at any time without notice or liability to you or to any third party.  For example, we may have obtained rights from third parties to make the Print available and, in the event we lose these rights, we may need to remove the Print from the site and make it unavailable for purchase.

We reserve the right but are not obligated, to limit the sales of our Prints to any person, geographic region, or jurisdiction or to reject any order we receive.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any Prints that we offer.  All descriptions of Prints or product pricing are subject to change at any time without notice, at our sole discretion.  We reserve the right to discontinue any Print offering at any time.  Any offer for any product or service made on this site is void where prohibited.

SECTION 6 – PRICING AND PAYMENT FLOW 

We will determine in our discretion from time to time whether and which Prints are to be made available, on payment by you of the relevant price or in return for some other consideration (for example by signing up to our mailing list).  Some Prints may be limited to certain sizes or may only be purchasable as either a Digital Print or Physical Print.  Prices for Prints are liable to change at any time without notice, but changes will not affect orders in respect of which we have already taken payment and made the download available.

The price of any Print will be as quoted on this site at the then current time, except in the case of obvious error.  We will not accept any offers for Prints other than at the then-current price.  Prints may be purchased individually or purchased as part of larger order.  We reserve the right to make certain Prints available only as part of a larger product offering.

We use our best efforts to ensure the prices of Prints displayed on our site are correct.  However, our site contains a large number of Prints and it is always possible that, despite our best efforts, some of the Prints listed on our site may be incorrectly priced.  If a Print’s correct price is higher than the price stated on our site at the time you place your order and we have not yet taken payment and made the Print available for download in the case of Digital Prints, or otherwise fulfilled a Physical Print order, we will normally, at our discretion, either contact you for instructions before making the Digital Print available for download or fulfilling the Physical Print order (i.e., to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.

We are under no obligation to provide the Print to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing mistake.  We reserve the right to withdraw from any contract for Prints in the case of obvious and unmistakable pricing errors.

Note that, if you are downloading a Digital Print to a mobile device, some network/service providers may charge you an additional amount for this service.  We recommend you contact your network/service provider to understand the nature and extent of any additional charges before electing to download a Digital Print to a mobile device.  Note that overseas roaming charges may also apply.

SECTION 7 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to Print product descriptions, pricing, promotions, offers, and availability.  We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated. 

SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorized to purchase the Prints and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorized to use such.  All card payments and cardholder details may be subject to validation checks by us and the card issuer.

All credit/debit cardholders are subject to validation checks and authorization by the card issuer.  If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.  We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.  Should there be a problem with your payment, we will contact you to discuss the next steps.

SECTION 9 – CANCELLATIONS AND RETURNS

You may not cancel an order by you for any download of a Digital Print once it has been made available for download by you.  Each purchase of a download shall be deemed a final, non-exchangeable, non-refundable sale.

We take great care in providing our Prints. In the unlikely event of faults with or damage to, the Physical Prints, or if you have received a faulty or incomplete Digital Print, please contact us atcustomerservice@holistichabitatclt.com. We will repair or replace any such faulty or damaged Print if possible or, if there are continuing issues with the Print, we may issue you a refund.  You must notify us within a reasonable period of time of download of the Digital Print or receipt of the Physical Print of any defects in or damage to the Print.   If you fail to notify us within a reasonable time, we will have no liability to you. Notwithstanding the foregoing, you understand that your exclusive remedy and our sole obligation for a defective Print shall be that we will provide a replacement copy of a defective Print or repair or replace the same.

Please note that we cannot guarantee that the quality or design of any Print purchased by you will meet your expectations, and any failure to meet your expectations will not be considered a defect for purposes of this section.  We have made every effort to display as accurately as possible the colors and images of our Prints.  We cannot guarantee that your computer monitor's display of any color will be accurate. 

SECTION 10 – OPTIONAL TOOLS

In connection with our provision of the Services, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources).  Such new features and/or services shall also be subject to these Terms.

SECTION 11 – THIRD-PARTY MATERIALS AND WEBSITES

Certain content, products, and services available via our site may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 12 – USER-GENERATED CONTENT

Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or other content (collectively “User Content”) that you (i) submit or post on any Holistic Habitat website, on any of our blogs, social media accounts or through any tools or applications we may provide now or in the future for posting or sharing such content with us; or (ii) post or upload to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, that identify or are associated with Holistic Habitat and/or any Prints, including without limitation any social media posts that you have tagged with @holistichabitatclt, @holistichabitat, #myhhhome, #holistichabitat, or any other Holistic Habitat brand hashtags, shall be deemed non-confidential and nonproprietary.  By submitting or posting any such User Content, you grant to Holistic Habitat and its affiliates an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, non-exclusive, worldwide, sublicensable, transferable, worldwide license to copy, reproduce, publish, distribute, display, transmit, broadcast, host, translate, modify, reformat, create derivative works from, combine with other materials, alter, edit, archive, store, cache, use or otherwise exploit all or any portion of the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in Holistic Habitat’s sole discretion, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to on its webpages, social media accounts, emails, newsletters, printed and electronic marketing materials, and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice or other obligation to you.  You further grant Holistic Habitat the right to use your social media account handle, username, real name, profile picture, image, likeness, caption, location or other identifying information included in or associated with any User Content.

You hereby represent and warrant that (i) you own or control any and all rights in and to your User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; (iv) Holistic Habitat’s use of your User Content as described herein will not violate the rights of any third party or any law; and (v) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) include anyone’s identification documents, contact information or sensitive financial information or (e) contain computer viruses, worms or other harmful files. You hereby release, discharge, and agree to hold Holistic Habitat, its officers and employees, and any person acting on Holistic Habitat’s behalf harmless from any liability related in any way to the Holistic Habitat’s use of your User Content. You agree not to use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content.  

SECTION 13 – VIOLATION OF THESE TERMS OF USE

If you are in breach of, or we suspect you are in breach of, these Terms, then we may take any/all of the following actions:

  • issue a warning to you;
  • immediate, temporary or permanent withdrawal of your access to your account and/or the site; however, you will remain responsible for any outstanding payments to us for Digital Prints;
  • legal action against you;
  • disclosure of information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited and we may take any action we reasonably deem appropriate.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Services or access to our Print offerings will be uninterrupted, timely, secure, or error-free.

We may make this site unavailable for indefinite periods of time or cancel the Services at any time, without notice to you.  You agree you will have no claim against us, in respect of any decision to remove Prints from this site or any decision to suspend or terminate your access to this site or to Prints (including by way of purchase) through the site.

You expressly agree that your use of, or inability to use, the Services to purchase Prints is at your sole risk.  The Services and all Prints delivered to you through the Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Holistic Habitat, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any Prints procured using the Services, or for any other claim related in any way to your use of the Services or any Prints, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or Print) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Holistic Habitat and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 16 – WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by email or provide you with information by posting notices on our site.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

SECTION 17 – NOTICES

All notices given by you to us must be given by email to customerservice@holistichabitatclt.com. We will give notice to you at the email address you provide to us as part of the order process or your account registration.  Notice will be deemed received and properly served immediately when posted on our site or 24 hours after an email is sent.  In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to, and received by, the specified email address of the addressee.

SECTION 18 – EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any delay or failure to perform any of our obligations under these Terms that is caused by events outside our reasonable control (a “Force Majeure Event”), including, but not limited to, acts of God, strikes, lockouts, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services. 

Our performance under these Terms will be suspended for the period that the Force Majeure Event continues, and we will be entitled to a reasonable extension of time for the performance of our obligations under these Terms after notifying you of the nature or extent of such Event.  We will use commercially reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations relating to the Digital Prints may be performed despite the Force Majeure Event.

SECTION 19 – ENTIRE AGREEMENT; SEVERABILITY

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services and purchase of the Prints, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of North Carolina.

SECTION 21 – QUESTIONS OR COMPLAINTS?

If you have any queries at all regarding this site, the Prints featured on the site, or the Terms, please do not hesitate to contact us via e-mail at customerservice@holistichabitatclt.com and we will be more than happy to assist you.

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